A cease-and-desist letter has arrived, a marketplace listing has been pulled, or a writ has been served — and the demand is that you stop using the brand your business trades under.
The instinct is to reply quickly and explain. But an early admission, a rushed undertaking, or a page taken down before the evidence was preserved can lose a defence that was available. Registration is not the same as infringement, and a demand letter is not a judgment.
Trademark Litigation Defence
Defendant-side advice and representation for trademark infringement claims in Malaysia — assessing the claimant’s rights and the pleaded case, preserving evidence, managing injunction and operational risk, and conducting the defence and any counterclaim through the High Court or to settlement.
Your Vision, Backed by the Right Legal Support
You build the business. We help you protect it.
Picture a response built on a tested reading of the claimant’s actual registered rights, an evidence pack that holds up under scrutiny, and a clear commercial view of what defending, narrowing or settling would each cost you.
Who this service is for
This Is For You If…
Businesses that have received a trademark cease-and-desist letter or letter of demand
Companies served with a writ or injunction application for trademark infringement
Businesses facing a marketplace takedown, customs detention or distributor complaint over branding
Companies deciding whether to defend, narrow their use, settle or rebrand
Former distributors, licensees or JV partners accused of continuing to use a brand after termination
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What we will do for you
This is what we will do for you
What’s Included
What’s Included in our service for you
Assessment of the claim and the claimant’s registered rights
Evidence preservation and brand-use chronology
Defence strategy and first response to the claimant
Injunction risk assessment and interim operational advice
Defence and counterclaim conducted through the High Court, or settlement negotiated
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Why Choose Legal That Works?
Why Choose Us To Assist You?
Digital-first
No office visit required—review and sign online
Transparent fees
Fixed price, no billing surprises
Deep experience
Various contracts across industries
Accessible
Our client portal keeps you informed
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We've Helped
You Need To Act Now
Important: Limited Slots
Once court papers are served there are strict deadlines to respond, and an urgent injunction application can affect your trading before the dispute is ever decided on the merits. Evidence of how the brand was used also disappears quickly once pages start coming down.
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Nothing to Lose. Everything to Protect.
No Surprises. No Guesswork. Just Legal That Works.
Before anything starts, we speak with you to understand your business and make sure the service is the right fit. If it is not, we will say so upfront. No pressure. No wasted time. We only take on matters we are confident we can deliver with quality. That is why business owners trust us to get it right.
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Frequently Asked Questions
What is Legal That Works?
Legal That Works is a digital-first legal service designed by ASCO LAW (Messrs Akmal Saufi & Co) specifically for business owners and founders. We help you structure, grow, and protect your business through practical legal solutions—delivered fast, in plain English & Bahasa Malaysia, and with no office visit required.
What if I’m not sure what legal service I need?
No problem. Most business owners aren’t legal experts! Just reach out. Our team will guide you to the right service or help you understand your options—without jargon or upselling.
We’ve received a cease-and-desist letter. Do we have to stop using our brand?
Not automatically. A demand letter is an allegation, not a court order. But ignoring it is also a decision — it can invite escalation and leave the claimant’s version of the facts uncontested. The right first step is to check what the claimant is actually registered for and how that compares with what you are using.
They have a registered trademark. Does that mean we have infringed it?
No. Registration gives the proprietor exclusive rights, but infringement under the Trademarks Act 2019 still depends on the sign you used, the goods or services involved, how it was used in the course of trade and, on the similarity-based routes, likelihood of confusion. The Act also sets out circumstances where use does not amount to infringement.
We were using the name first. Is that a defence?
It can be, but the statutory test is specific — it requires qualifying continuous use in the course of trade from before the relevant earlier date, proved by dated contemporaneous documents. “We used it first” backed only by recollection is not enough. This is why the evidence work comes before the reply.
Should we take the listings and pages down straight away?
Preserve before you change. Capture full pages with URLs and dates, keep original files, and record what was changed, when and why. A commercial decision to pause a campaign may be sensible — deleting the evidence of what was there is not.
Is it cheaper to just rebrand?
Sometimes. A controlled rebrand can be the right commercial outcome even where the defence is strong. But that should be a decision made with the legal merits and the real cost of stock, packaging, channels and lost search visibility both visible — not a reaction to a deadline chosen by the other side.
Are your services affordable?
Our transparent fee structure means no billing surprises. Membership unlocks the best rates, but even one-off services are designed to be clear and competitive. You’ll always know what you pay.
Who will be helping me?
All our services are delivered by our licensed lawyers under the Malaysian Bar with proven experience across industries. You’ll work with a real legal team, not chatbots or generic customer support.
Is everything done online?
Yes. Our service is fully digital. You can consult, review documents, sign agreements, and access your files securely from anywhere. No office visit required unless you want to meet in person. No office visit is required. If you require us to attend at your office or outside meetings, additional charges will apply.
What’s the difference between One-Off Service and Membership?
(1) One-Off Service: Pay for what you need, when you need it. Perfect for single transactions or urgent matters (2) Membership: Subscribe for ongoing access, priority support, and special pricing. Membership means you get a legal partner who truly understands your business.
